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Recommendation: <br />Staff recommends approval of this request for an Interim Use Permit for grading and mining activities through <br />August 1, 2011, contingent upon. city, staff approval of the water management plan and upon receipt of an <br />executed access agreement between BNSF Railway Company and Dolphin Real Estate Management, LLC, the <br />owner of the Burger King property. Additionally, if the City Council should agree to allow use of the City- <br />ownerland north ofthe railroad right-of--way for support activities associated with this project, thattoo should <br />be contingent upon executing an access agreement between the City and BNSF Railway Co. <br />Funding Source: <br />All costs associated with processing the application are the responsibility of the applicant. <br />Commission Action: <br />Motion to recommend that City Council adopt Findings of Fact relating to a request for an Interim Use Permit <br />for grading and mining activities on the property located at 7205 Highway l O NW -and the adjacent railroad <br />right-of-way. <br />and <br />Motion to recommend that City Council approve the request for an Interim. Use Permit for grading and mining <br />activities at 7205 Highway 10 NW and the adj acent railroad right-of-way contingent upon City staff approval <br />of the water management plan and upon receipt of an executed access agreement between BNSF Railway <br />Company and Dolphin Real Estate Management, LLC, until August 1, 2011. <br />-or- <br />Motion to recommend that City Council deny the request for an Interim Use Permit based on the Findings of <br />Fact. <br />Attachments: <br />A. Site location map <br />B. Areas of excavation and remediation <br />--_ C. Site layout.identifyingarea.ofCity=owned_land-thataccess_and_temporary_usehasbeer~requested _ <br />D. Proposed Finduzgs of Fact <br />E. Proposed Conditional Use Permit <br />Review Checklist: <br />Planning Manager <br />Associate Planner <br />City Engineer <br />PC: 05/06/10. <br />